S. 147/292BB: Delay in issue of s. 143 (2) notice renders assessment invalid

Alpine Electronics Asia Pte Ltd vs. DGIT (Delhi High Court)

 

The AO issued a notice u/s 148 to reopen the assessment. Though the assessee filed a ROI, the AO did not issue the s. 143(2) notice within the prescribed period but passed a draft assessment order u/s 144C. The Court had to consider (a) what is the effect of the failure to issue notice u/s 143(2) within the period stipulated in the proviso to clause (ii) and (b) the effect of s. 292BB of the Act. HELD by the Court quashing the assessment proceedings